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AN ACT
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relating to access to criminal history record information that |
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relates to providers and provider applicants under Medicaid and |
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other public benefits programs administered by the Health and Human |
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Services Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 411.1143, Government |
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Code, is amended to read as follows: |
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Sec. 411.1143. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION; AGENCIES ADMINISTERING OR OPERATING [PART OF] MEDICAL |
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ASSISTANCE AND OTHER PUBLIC BENEFITS PROGRAMS [PROGRAM]. |
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SECTION 2. Section 411.1143, Government Code, is amended by |
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amending Subsections (a) and (a-1) and adding Subsection (e) to |
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read as follows: |
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(a) The Health and Human Services Commission, an agency |
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operating part of a public benefits program, including the medical |
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assistance program under Chapter 32, Human Resources Code, or the |
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office of inspector general established under Subchapter C, Chapter |
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544, of this code [Government Code], is entitled to obtain criminal |
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history record information as provided by Subsection (a-2) that |
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relates to a provider under a public benefits [the medical |
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assistance] program administered by the commission or a person |
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applying to enroll as a provider under a public benefits [the |
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medical assistance] program administered by the commission. |
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(a-1) Criminal history record information the Health and |
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Human Services Commission or the office of inspector general is |
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authorized to obtain under Subsection (a) includes criminal history |
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record information relating to: |
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(1) a person that: |
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(A) has a direct or indirect ownership interest, |
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or a combination of direct and indirect ownership interests, that |
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equals five percent or more in the provider or person applying to |
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enroll as a provider; |
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(B) owns an interest of five percent or more in a |
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mortgage, deed of trust, promissory note, or other obligation |
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secured by the provider or person applying to enroll as a provider |
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if that interest equals at least five percent of the value of the |
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property or other assets of the provider or person applying to |
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enroll as a provider; |
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(C) is an officer or director of the provider or |
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person applying to enroll as a provider if that provider or |
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applicant is organized as a corporation; or |
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(D) is a partner in the provider or person |
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applying to enroll as a provider if that provider or applicant is |
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organized as a partnership [a person with a direct or indirect |
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ownership or control interest, as defined by 42 C.F.R. Section |
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455.101, in a provider of five percent or more]; and |
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(2) a managing employee of the provider or person |
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applying to enroll as a provider [a person whose information is |
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required to be disclosed in accordance with 42 C.F.R. Part 1001]. |
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(e) In this section: |
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(1) "Managing employee," with respect to a provider or |
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person applying to enroll as a provider, means an individual, |
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including a general manager, business manager, administrator, or |
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director, who: |
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(A) exercises operational or managerial control |
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over all or part of the provider or applicant; or |
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(B) directly or indirectly conducts the daily |
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operations of all or part of the provider or applicant. |
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(2) "Ownership interest," with respect to a provider |
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or person applying to enroll as a provider, means having equity in |
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the provider's or applicant's capital, stock, or profits. |
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(3) "Provider" means an individual or entity that |
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engages in the delivery of health care services and is authorized to |
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deliver those services in this state, including an individual or |
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entity that delivers health care services to recipients under the |
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medical assistance program. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4643 was passed by the House on April |
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30, 2025, by the following vote: Yeas 133, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4643 was passed by the Senate on May |
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20, 2025, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |